Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate is vested with discretion to postpone issuance of process and either conduct an inquiry himself or direct an investigation for limited purpose of determining whether sufficient grounds exist to proceed...........
Contract -- Blacklisting - Show Cause notice - For passing an order of blacklisting there has to be sufficient evidence, clear application of mind and stronger adherence to principles of natural justice - Since blacklisting order falls short of this requirement, same is liable to be set aside - Department directed to issue a fresh show cause notice indicative of reasons as..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Salary of husband is admittedly in the range of Rs.2 Lakhs p.m. - Nature of his professional qualification further indicates a high and progressive earning potential, which is a relevant consideration u/s 25 of the Act - No cogent evidence of stable or sufficient income enabling wife to maintain herself at a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When wife discontinued her job due to marital obligations as well as compulsions than she is entitled to get maintenance from husband who is in well paid profession, till she again get the job of sufficient income to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere earning of wife does not disentitle her from maintenance - Decisive test is whether such income is sufficient to enable her to maintain herself with dignity...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Every member of unlawful assembly is vicariously liable for acts done by anyone of them to achieve a common object as per S.149 IPC - Therefore, two things are essential to attract S.149 IPC i.e. "unlawful assembly" and "common object" - Presence of accused persons as part of unlawful assembly is sufficient for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Long standing political enmity between families of main accused and deceased - All accused persons had alighted from bus together armed with firearms, thus they were part of unlawful assembly and had arrived at the bus stand with a common object - Movement of accused persons in said manner is..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
